Just because you’re stopped by the police doesn’t necessarily mean you’re under arrest or even in custody. The definition of a “stop” and whether it constitutes detention is dependent upon the context of the interaction. The reasons for police stopping a vehicle include routine checks on driver or vehicle fitness, or having a reasonable suspicion of involvement in a criminal offence. Drivers may also be faced with Reduce Impaired Driving Everywhere (RIDE) checks, which allow officers to question and screen drivers for alcohol on the road.
It is important to understand the rules at every point and how to act during these encounters in order to make a difference in the outcome of the situation.
How to Handle a Traffic Stop
Stop the vehicle as soon as and where possible. If flashing lights are on or a siren is sounding, stop as soon as you can in a safe place (shoulder). If it’s dark, then you should turn on the interior lights so the police can see around the interior of the car.
Be relaxed and conspicuous. Place hands in view of the officer (on the steering wheel is ideal), not in pockets or around the car. Sit down, and tell any passengers to keep quiet and calm. Before looking for papers like your licence, registration or insurance, let the officer know where the papers are.
Avoid confrontation. If you are feeling frustrated that you are stopped, please avoid aggressive language or behaviour. If a ticket is issued to you, take it positively. Do not argue your ticket on the side of the road; this is in court where you have the right to challenge the ticket. No officer should ever enter into physical contact with a person. A formal complaint may be made later if you think you have been treated unfairly, using the normal complaints procedure.
Cooperation Versus Silence
Unless instructed otherwise, remain seated in the vehicle. You do not have to provide any information about your destination or activities unless a lawful direction is given by the officer, but you are not required to answer questions from the officer. Here are a couple of tips to bear in mind:
- If the stop is a fitness-to-drive, or condition of the vehicle, investigation, you will be asked to present your driving documents.
- The refusal of a breathalyzer or a roadside sobriety test may be cause for criminal charges.
- The majority of interactions on the roadside are audio and video recorded. What you say to the police can be used as evidence in court.
Clarifying Your Status
After following initial instructions, questions to the officer regarding the person’s detention or their freedom to go may be appropriate. If you are not detained, you have a right to leave. If a ticket is issued, you will be allowed to contest it later in court.
Detention Versus Arrest
These two terms can be easily misunderstood but have different meanings in the law. When a police officer stops you from walking around to investigate a suspected crime, it is considered a detention. It is only temporary, and officers may detain a person for a specific time before releasing them or laying a formal charge. Failure to be detained does not imply charges.
An arrest is more serious. It is the act of a police officer who arrests a person and formally charges them with a particular offence.
What Happens During an Arrest
In the event of a police arrest, they are expected to adhere to a procedure. Generally, officers will:
- Identify themselves as law enforcement.
- State the person’s name and state that they are under arrest.
- Explain what charge is being laid.
- Read to the person their legal rights.
- Ensure the person has an understanding of those rights.
- Search, frequently handcuffing the person involved for safety reasons.
- Take the person to the police station for identification, or send the person home from the scene.
- Documentation of first court appearance.
Arrest the person or set them free on their own recognizance, depending on the seriousness of the alleged crime.
When Police Conduct May Be Challenged
Not all stops, detentions, or arrests are legal. In some situations, the behavior of the police is a matter of law that can be taken to court, such as:
- A search that does not have a warrant or a lawful reason for it
- Racial Profiling is suspected as the reason for the stop or detention.
- A traffic stop for the purpose of investigating unrelated issues.A traffic stop for the purpose of investigating non-traffic issues.
- When a student is detained for an inadequate reason.
- Arbitrary detentions without any charges being brought against the arrested person.
In such cases, they are grounds for a legal challenge. This can affect the admissibility of evidence in a trial.
The Right to Silence
One of the biggest rights you have with law enforcement is the right to remain silent. Even if it seems serious, people don’t have to talk to police about anything other than giving the basic information they’re asked for by law ( like during a traffic stop ).
It is advisable to get legal advice as early as possible if a person has been detained or arrested. Words spoken without being aware of the legal ramifications can have long-term consequences on the course of the case.
Key Takeaways
The process of police interaction can be fast, and knowing what to expect to do when you interact with police can help you avoid unwanted effects. Having a sense of calm, obeying legal orders, and understanding when you are allowed to remain silent and/or asking about your status are all key. When a stop, search, and/or arrest seems to have gone too far, the matter of how the case was conducted becomes a focal point in the resolution of the case.
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